What is the Prevention of the Right to Benefit from Public Services (TCK 113)?

prevention of the right to benefit from public services, of an individual's or society's benefiting from services provided by the state or authorized by public power or the execution of public activities, duress, threat or through another unlawful act is an offense that occurs in the event of obstruction.

The fundamental point here is as follows:

• What is obstructed is not a “private service”,
• a public activity or benefiting from a service of a public service natureis.

Therefore, Article 113 of the TCK, beyond an individual interest, public order and the continuity of public service protects.

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In Which Circumstances Does TCK 113 Apply?

Obstruction of the Execution of Public Activities (TCK Art. 113/1-a)

preventing the performance of an activity conducted by a public institution to physically obstruct may fall within this scope.

Sample scenarios (general overview):

• forcibly preventing entry to an institution's service building and halting operations,
• disrupting the execution of services by public officials through force or threats,
• engaging in unlawful intervention in a manner that halts a public activity, even if temporarily.

Case law approach: According to the Yargıtay, it is crucial that the act is aimed at obstructing/interrupting the activities of a public institution. (See 4th Criminal Chamber, 2024/16129 E./K.)

Prevention of Benefiting from Public Services (TCK 113/1-b)

Preventing the beneficiaries from utilizing services provided in public institutions or services provided subject to the permission of public authorities also falls within the scope of the crime.

Sample scenarios:

• Preventing citizens from receiving services in public institutions through force or threats,
• Unlawfully cutting off access to publicly-chartered services provided with authorization.

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Elements of the Crime

1) Act of the Perpetrator: Force, Threat, or Other Unlawful Conduct

TCK 113 can be committed through three types of acts:

Force (Coercion)

Actual prevention through the application of physical force or the threat of physical force.

Threat

Stating that harm will be inflicted in a manner that will frighten the person and suppress their free will.

Other Unlawful Conduct

Not every incident may involve "force/threat". For example, even without a physical assault, unlawfully setting up barricades, cutting off entries and exits, locking doors, and similar behaviors may be subject to debate. (The specifics of the concrete case are decisive.)

2) Subject Matter: Public Activity or Public Service

The blocked activity/service must definitely a public activity or be a public institution/service of a public nature it should be.

3) Result: "Blocking"

As the name implies, the crime blocking is completed by. In practice, the degree, duration, and effect of the blocking are evaluated.

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What is the Penalty?

TCK 113/1 Penalty

For the basic form of the crime:

• imprisonment from 2 to 5 years has been stipulated.

If Healthcare Service is Blocked, the Penalty Increases (TCK 113/2)

If the subject of the crime is healthcare service is:

• The penalty to be imposed is increased up to one-sixth.

This provision is particularly such as hospitals, emergency services, 112 services, and access to services provided in public/private healthcare institutions a protection introduced against the likelihood of acts resulting in more severe consequences in areas like these.

Difference Between TCK 113 and TCK 265

TCK 113: Prevention of public service/activity

• Focus: continuity of public service, prevention of public activity or access to the service.

TCK 265: Resisting to prevent the performance of duty

• Focus: of a public official in the performance of their duty prevented through coercion/threat.

If in an incident both the public service is disrupted and force/threat is applied to a public official, depending on the legal nature of the specific case, different offenses may arise.

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Frequently Asked Questions (FAQ)

1) What is the offense of preventing the right to benefit from public services?

By means of force, threat, or other unlawful conduct, the execution of public activity or benefiting from public service being preventedis an offense (TCK art. 113).

2) What is the prison sentence under TCK art. 113?

Base sentence Imprisonment from 2 to 5 yearsis (TCK art. 113/1).

3) Is the penalty increased if healthcare services are obstructed?

Yes. The subject matter of the offense healthcare service the penalty is increased by up to one-sixth (TCK 113/2).

4) What does "other unlawful conduct" mean?

Even in the absence of force or threat, preventing public service/access to service other unlawful acts (depending on the specific case) may be evaluated within this scope. In each case, the consequence of "prevention" and the connection of purpose shall be examined separately.

5) Is it necessary for the public service to completely halt for this crime to occur?

It is evaluated on a case-by-case basis. In the practice of the Yargıtay, what matters is that the act is capable of obstructing the activities of the public institution or causing a suspension in the activities, even if temporary, and that it was committed with this intent.

6) Is it subject to a complaint?

Since Article 113 of the TCK is generally evaluated as being related to public order, in practice it mostly falls among the crimes investigated ex officio. However, the requirement for a complaint may vary depending on the nature of the case and additional offenses (such as insult, etc.). A concrete case analysis is required.

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Conclusion / Summary

• TCK 113, the prevention of public activity or access to public service through coercion, threat, or other unlawful conduct constitutes a crime.
• Penalty of 2 to 5 years' imprisonment.
• Crime healthcare service if related to, the penalty may be increased by up to one-sixth (TCK 113/2).
• According to the Court of Cassation, for the crime to be established, the act must be aimed at preventing/interrupting the activities of the public institution; for other purposes Article 113 of the TCK may not automatically apply to every act committed.

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